河南师范大学学报(哲学社会科学版)

侦查阶段律师的辩护对于维护犯罪嫌疑人的诉讼权利至关重要。为了保障律师能够在侦查阶段充分有效地行使辩护职能,我国形成了权利保障和权力保障两种保障律师辩护权的机制,通过赋予律师多种获取信息的权利和依靠人民检察院的侦查监督,可以保证律师在侦查阶段能够有效地开展辩护。然而,当前的保障机制仍需完善,一方面要进一步扩充律师的权利,增加规定侦查阶段律师享有阅卷权和调查取证权;另一方面要进一步限制侦查机关权力的行使,加强人民检察院的侦查监督。

The laywer's defense in the investigation stage is very important to maintain the litigation rights of criminal suspects.In order to ensure lawyers can fully and effectively exercise the defense functions in the investigation stage,our country has formed the rights and power security mechanism to safeguard the laywer's defense rights.By giving lawyers a variety of rights to access to information and rely on the people's procuratorate's investigation supervision,lawyers can defend effectively in the investigation stage.However,the current security mechanism still needs to be perfected.On the one hand,we should further expand the lawyer's rights by giving lawyers the rights to read investigation files and collect evidence in the investigation stage;On the other hand,we should further limit the exercise of the investigation organ's powers by strengthening the investigation supervision of the people's procuratorate.